An absence of case precedent when it comes to issues of judge shopping raised here last year has led the Tennessee Court of Criminal Appeals to agree to hear a local man's plea to dismiss charges pending against him in Hamilton County General Sessions Court.
The granting of an "interlocutory appeal" -- the appeal of a case before it is fully litigated at the local level -- is rare, legal experts say.
But it is "warranted under the circumstances of this case," the Court of Criminal Appeals wrote in its June 28 order, and also "in the interests of judicial economy."
Put another way, defendant Gary Wayne McCullough might not have to go through a criminal trial at all if the higher court ultimately rules that evidence of judge shopping in his boating under the influence case is serious enough that it denied him a fair chance from the beginning.
Local defense attorney Hank Hill, who is not associated with Mr. McCullough's case, said Thursday that while he could not speculate how the Court of Criminal Appeals will rule, "it obviously thought there was something there they should look at."
By establishing case precedent, the ruling, no matter what it is, also will affect future cases in which judge shopping is alleged, Mr. Hill said. The Tennessee Supreme Court already deems judge shopping to be a violation of the code of ethics.
"Forum shopping, if done to secure a specific result, is bad," Mr. Hill said. "And if it's done by an agency of the state, it's even worse."
The Tennessee Wildlife Resources Agency is alleged to have steered Mr. McCullough's case, as well as countless others over the years, to two specific judges in Hamilton County General Sessions Court because of the belief that they understood the agency's laws better than other judges.
The agency is responsible for enforcing Tennessee's laws over hunting, boating and fishing.
Evidence showed that General Sessions Judge Bob Moon, an avid hunter, has heard 72 percent of the agency's cases in the last six years, though he denies ever knowing that agency officers specifically sought him when going to court.
Though special Hamilton County Criminal Court Judge Jon Kerry Blackwood ruled in January that the TWRA does indeed engage in judge shopping, he stopped short of dismissing the case against Mr. McCullough.
He ruled Mr. McCullough's situation could be fixed by simply allowing a different General Sessions judge to hear the case.
Mr. McCullough and his attorney Jerry Summers argue the charge should have been dismissed outright to preserve Mr. McCullough's due process rights.
Judge Moon said Thursday by e-mail that the "sole issue" before the Court of Criminal Appeals is whether Judge Blackwood erred in remanding the case back to General Sessions court.
Judge Moon said he ruled over the case fairly, noting that the Hamilton County grand jury indicted Mr. McCullough for boating under the influence and the possession of illegal drugs.
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